Transgender employee can sue under civil rights law - Massachusetts Lawyers Weekly

A transgender female police officer can sue her employer for disclosing her transgender status and private medical information, the U.S. District Court for the Northern District of Illinois has ruled.

Selene Danielle Arriaga, a transgender female police officer, filed a lawsuit against her employer under federal civil rights law 42 U.S.C. §1983 and the state civil rights act. The suit claimed that the employer broke the law by disclosing Arriaga’s transgender status and private medical information. The suit also alleged that her employer failed to protect her from harassment and discrimination based on her transgender status.

The employer moved to dismiss the suit.

But the U.S. District Court judge said that her claim could go forward.

The judge cited case law from the U.S. Supreme Court, which says that in some circumstances municipal employers’ failure to train public employees on workplace violations that the employer knows about may be equivalent to an official policy condoning the violations.

The ruling signals the possibility that discrimination claims brought by transgender workers in state and local government settings might pass muster. It also underscores the importance of all employers reviewing their discrimination policies and considering their application to transgender workers.

source: https://masslawyersweekly.com/2021/12/14/transgender-employee-can-sue-under-civil-rights-law/

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